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TITLE OF BILL: An act to amend the criminal procedure law, in relation to adding Triborough bridge and tunnel authority peace officers to those able to conduct temporary questioning of persons

PURPOSE:

To enhance the role of the peace officers employed by the TBTA in or about facilities operated by the TBTA by including the TBTA's officers in the provision of the criminal procedure law which permits certain peace officers to stop and frisk to avoid better protection to citizens.

SUMMARY OF PROVISIONS:

Amends section 140.50 of the Criminal Procedure Law by adding new subdivision 3.

JUSTIFICATION:

The state has seen an increased need for public security since the unwarranted attacks on the World Trade Center on 9/11/01. Currently, officers of the TBTA are charged with protecting those bridges and tunnels in and around New York City under TBTA control, however they are not entitled to question or frisk suspects in accordance with the Criminal procedure Law. Sergeants, lieutenants and other officers of the TBTA are highly trained peace officers. This bill will enhance their capacity to protect citizens who travel the bridges and tunnels by permitting the TBTA officers to stop and question, and if necessary, frisk persons who are acting in a suspicious manner. The Bridge and Tunnel sergeants, lieutenants and other officers are most familiar with the patrons who travel these vital arteries every day. With this familiarity they are most capable of spotting unusual behavior which could lead to the mass destruction of our bridges and tunnels. To deny these officers the ability to question and frisk suspicious people, puts the public at risk.

This act shall take effect on the first of December next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________
4014
2013-2014 Regular Sessions
IN SENATE
March 4, 2013
___________

Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to adding
Triborough bridge and tunnel authority peace officers to those able to
conduct temporary questioning of persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 140.50 of the criminal procedure law, as amended by
chapter 911 of the laws of 1972, subdivision 1 as amended by chapter 714
of the laws of 1973, subdivision 2 as amended by chapter 237 of the laws
of 1985 and subdivision 4 as added by chapter 176 of the laws of 2010,
is amended to read as follows:
S 140.50 Temporary questioning of persons in public places; search for
weapons.
1. In addition to the authority provided by this article for making an
arrest without a warrant, a police officer may stop a person in a public
place located within the geographical area of such officer's employment
when [he] SUCH POLICE OFFICER reasonably suspects that such person is
committing, has committed or is about to commit either (a) a felony or
(b) a misdemeanor defined in the penal law, and may demand [of him his]
SUCH PERSON'S name, address and an explanation of his OR HER conduct.
2. Any person who is a peace officer and who provides security
services for any court of the unified court system may stop a person in
or about the courthouse to which [he] SUCH PEACE OFFICER is assigned
when [he] SUCH PEACE OFFICER reasonably suspects that such person is
committing, has committed or is about to commit either (a) a felony or
(b) a misdemeanor defined in the penal law, and may demand [of him his]
SUCH PERSON'S name, address and an explanation of his OR HER conduct.
3. ANY PERSON WHO IS A PEACE OFFICER AND ENFORCES ALL PROVISIONS OF
LAW IN AND ABOUT THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FACILITIES,
MAY STOP A PERSON IN OR ABOUT SUCH FACILITIES TO WHICH SUCH PEACE OFFI-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09397-01-3

S. 4014 2

CER IS ASSIGNED WHEN SUCH PEACE OFFICER REASONABLY SUSPECTS THAT SUCH
PERSON IS COMMITTING, HAS COMMITTED OR IS ABOUT TO COMMIT EITHER (A) A
FELONY OR (B) A MISDEMEANOR DEFINED IN THE PENAL LAW, AND MAY DEMAND
SUCH PERSON'S NAME, ADDRESS AND AN EXPLANATION OF HIS OR HER CONDUCT.
4. When upon stopping a person under circumstances prescribed in
subdivisions one [and], two, AND THREE, a police officer [or], court
officer, OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PEACE OFFICER,
SERGEANT, OR LIEUTENANT, as the case may be, reasonably suspects that
[he] SUCH OFFICER is in danger of physical injury, he OR SHE may search
such person for a deadly weapon or any instrument, article or substance
readily capable of causing serious physical injury and of a sort not
ordinarily carried in public places by law-abiding persons. If [he] SUCH
OFFICER finds [such] a weapon or instrument, or any other property
possession of which he OR SHE reasonably believes may constitute the
commission of a crime, he OR SHE may take it and keep it until the
completion of the questioning, at which time he OR SHE shall either
return it, if lawfully possessed, or arrest such person.
[4.] 5. In cities with a population of one million or more, informa-
tion that establishes the personal identity of an individual who has
been stopped, questioned and/or frisked by a police officer or peace
officer, such as the name, address or social security number of such
person, shall not be recorded in a computerized or electronic database
if that individual is released without further legal action; provided,
however, that this subdivision shall not prohibit police officers or
peace officers from including in a computerized or electronic database
generic characteristics of an individual, such as race and gender, who
has been stopped, questioned and/or frisked by a police officer or peace
officer.
S 2. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.

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